Los Angeles Top Attorneys Blog: (310) 826-6300

People with Fibromyalgia on Awareness Day Calls for Comprehensive Security Rights

Los Angeles Lawyer — Mon, 14 May 2012 21:14:13 +0000

May 12 is the fibromyalgia awareness day. Therefore, people affected with fibromyalgia and other disorders, such as myalgic encephalomyelitis and chronic fatigue syndrome, eye that day as the right time to request for basic rights.

Once again, advocates like Alternative Demokratika (AD) repeated their call for comprehensive social security policies when it comes to people with fibromyalgia.

Fibromyalgia is a musculoskeletal condition, a disease that is commonly caused by a work-related disability and is characterized by chronic pain. Other symptoms of the disorder include weakening effect, sleeping disorder and joint pain. In some patients, the condition is also associated with difficulty in swallowing, bowel and bladder disorder, numbness and cognitive dysfunction.

AD spokesperson for Disability Issues and Sports, D. Claire Azzopardi Lane, said that the organization believes that people with the above disorders deserve fundamental rights and not mere charity.

In her statement, Lane further explained that the organizations aim to put pressure on the authorities until the rights of people who are suffering from fibromyalgia are finally recognized and met.

At present, fibromyalgia is not considered as a disabling and neurological condition under World Health Organization definition despite the severe impairment and adverse weakening condition of a person affected.

Likewise, the government does not recognize the disease as a disability or even a chronic condition. Even under the Social Security Legislation Act, fibromyalgia, myalgic encephalomyelitis and chronic fatigue does not qualify a person to a list of benefits and services, including long-term disability benefits and free medication.

Among many others, the best that a government can do is to provide basic rights to people with disabling conditions caused by chronic illnesses like fibromyalgia, myalgic encephalomyelitis and chronic fatigue to help them overcome the hardships, pain and sufferings that they live through their everyday lives.

Although many advocates and attorneys, like a Los Angeles disability lawyer, here are anticipating that the government will soon grant the people with such disabling conditions prayers to adapt fibromyalgia to the list of disabling conditions, apparently the only way for them to push the said request is to take this fibromyalgia awareness day as their best opportunity to be heard by the government.

May 20-26 Is National Dog Bite Prevention Week

Los Angeles Lawyer — Mon, 14 May 2012 19:16:28 +0000

If you are a certified dog owner and lover, then you should mark your calendar – May 20-26, 2012 is National Dog Bite Prevention Week.

This year, the Dog Bite Prevention Week is hosted by the American Veterinary Medical Association (AVMA). The program is also supported by Victoria Stillwell, a world renowned dog trainer, together with the United States Postal Services (USPS), pediatricians, plastic surgeons, and insurance companies. The main aim of the program is to decrease incidences of dog bites in the United States.

In a press release, the AVMA urges parents and adults to educate children about safety on dogs. According to statistics, children are most vulnerable to dog bites. In fact, at least 30 percent of all dog bites on minors are caused by family dogs and 50 percent by neighbors’ dogs.

Children are not the only common victims of dog attacks, as anyone can be vulnerable to such accidents. According to available statistics, about 4.7 million Americans get bitten by dogs every year, and about 800,000 of them had to be taken to the hospital for treatment.

According to AVMA, the following are suggested tips for preventing dog bites:

•   Do not obtain puppies on impulse and be cautious in selecting your pet
•   Socialize your dog as early as its puppyhood
•   Train your dog with at least basic commands like “sit,” stay,” “no,” and “come”
•   Regularly exercise your dog to drain its excess energy
•   Do not play with highly excitable games with your pet
•   Leash your dog whenever you go walking in public places
•   Spay or neuter your dog
•   Have your pet vaccinated

Dog bite accidents can be prevented; hence, it is imperative for all Los Angeles dog owners to practice every necessary safety measure. If you were attacked or bitten by someone else’s dog in Los Angeles, it necessary for you to claim for personal injury damages. Getting legal assistance from a Los Angeles personal injury lawyer is advisable to ensure that you will receive rightful amount of compensations.

California’s Most Recent Single Vehicle Accident Leaves Motorist Dead

Los Angeles Lawyer — Thu, 10 May 2012 20:50:54 +0000

In a recent single vehicle accident in California, a driver was killed after the vehicle went wayward in a freeway and then crashed into a tree last May 6.

The California Highway Patrol (CHP) report said that the accident occurred at around 5:58 p.m. Saturday at 605 Freeway. Initial investigation revealed that the white Chevrolet Silverado went off in the freeway, hit a tree, and caught fire.

The crash left one of the vehicle’s occupants dead right at the accident scene, while the other one was transported to Long Beach Memorial Hospital.

Orange County Fire Authority officer Capt. Marc Stone said that they had to use Jaws of Life to free both passengers from the wreckage.

CHP officials further said that a hazardous material team was called to respond to the accident scene due to possible chemical spill which was believed to be contained in the vehicle’s camper shell. The far right lane was temporarily blocked until officials deemed the spilled substance safe.

At present, no further information regarding the incident was released, while authorities are still conducting an investigation to determine the main cause of the accident.

In such event, victims cannot take immediate action to address the vehicle accident issue and obtain the right compensation from the liable party since the investigation regarding the incident is still underway. Hence, victims, as well as their Los Angeles injury attorney, still have to wait for the result of the investigation to determine whether they can mount a claim.

California’s New Unemployment Claims Dropped

Los Angeles Lawyer — Mon, 07 May 2012 21:15:04 +0000

In a weekly report released by the U.S. Department of Labor, the number of people filing unemployment claims countrywide significantly dropped by 27,000— from the previous week’s revised statistic of 392,000 to this week’s 365,000.

The State of California was likewise reported to have a decrease in new unemployment claims.

The month-long progressing average was 383,500 or a gain of 750 from the past week. Recent figures show that the number of people claiming unemployment benefits remarkably dropped to 6,579,492 since it was an 85,523 decrease from the previous week.

A decrease of 1,057 in unemployment benefits was reportedly recorded at the Golden State. Unfortunately, the state wasn’t able to reach the top list of significant drops. Apparently, California is about to run out of the final recourse extension of federal jobless claims.

In fact, the Employment Development Department of California recently informed approximately 93,000 jobless workers that their unemployment benefits would end early. Meanwhile, another 100,000 wage earners who possibly would have been qualified for the final 20-week extension of benefits won’t get any support.

On the other hand, while California was reportedly seen to have a decrease in unemployment benefit claims, New York, Massachusetts, Connecticut, Puerto Rico and Rhode Island were seen to have a significant increase in jobless claim. States with the largest drop in unemployment benefit claims are New Jersey, Pennsylvania, Wisconsin, Ohio and Alabama.

Although, California wasn’t able to be on the top list of states with the lowest number of unemployment benefit claims, at least the state is giving its best shot in finding a resolution to the country wide crisis that every state faces.

A Los Angeles labor lawyer is familiar with such issues as long as employment and benefits are involved. Therefore, clients are guaranteed that their legal rights would never be violated and that they are assured that the right justice for their claims can be achieved.

May is National Bike Month: Promoting Safe Bicycle Riding

Los Angeles Lawyer — Mon, 07 May 2012 18:35:17 +0000

Bicycles remain a handy and reliable mode of transportation for many Americans. Undoubtedly, bicycles provide dozens of benefits to people and the environment. People who want to lose some weight, become healthy, and help the environment should consider riding a bike, especially this month – the National Bike Month.

Benefits of bicycle riding

The League of American Bicyclists, the national sponsor of the Bike Month, states that May is the month for promoting bicycles as an alternative mode of transportation. According to the group, bicycles play an important role in keeping people healthy and fit amidst the prevalence of unhealthy lifestyle. Furthermore, the group claims that riding bicycles can also help the environment by lessening carbon footprints.

Bike to school and to work

According to the League’s website (www.bikeleague.org), May 9, 2012 is “Bike to School” Day, which invites students to ride their bikes instead of motor vehicles. On May 14-18, it is “Bike to Work” Week. During this week, employees are encouraged to ride bicycles going to work to help promote bicycling in the country.

The importance of Bike Month

National Bike Month was not only created to motivate people to ride their bicycles this May because it goes beyond that. The main aim of the Bike Month is to make people aware of the benefits of riding bicycles.

Furthermore, the celebration aims to promote safe bicycle riding, since bicycle accidents are not uncommon in the country. In fact, according to the National Highway Traffic Safety Administration (NHTSA), in 2009 alone, about 600 people were killed in bicycle accidents.

Filing a bicycle accident claim in Los Angeles

Los Angeles bicyclists who got involved in an accident caused by a negligent motor vehicle driver should claim for personal injury damages. Under the law, bicycle accident victims may be entitled to compensations. Bicycle accident victims are thus advised to hire a Los Angeles personal injury attorney who can help them in pursuing their claim.

KFC Ordered to Pay $8.3 M for Brain Injury Claim

Los Angeles Lawyer — Thu, 03 May 2012 18:14:01 +0000

Giant food chain KFC was ordered by a jury last Apr. 27 to pay $8.3 million following a brain injury claim filed by the parents of an Australian girl who suffered from severe brain injury after eating a chicken wrap in KFC.

According to the lawsuit, Monika Samaan was then just 7 years old when she suffered salmonella encephalopathy – a brain condition that results from salmonella contamination. The condition left Samaan with blood infection and septic shock.

Samaan’s parents stated that it was October, 2005 when their family ate together at KFC’s Sydney Outlet. After eating the food chain’s “Twister” wrap which contains chicken and salad, allegedly, the entire family, especially Samaan, experienced severe illness characterized by difficulties in cognitive, locomotor and speech, and spastic quadriplegia.

The lawsuit was heard at the New South Wales Supreme Court wherein the jury ruled in favor of Samaan and her family. During the litigation, Justice Stephen Rothman stated that the chicken became contaminated due to the failure of one or more crews of the food chain to follow proper food preparation which the jury described as a product liability.

Samaan’s parents said that the compensation ordered by the jury is very much needed for them to provide Samaan’s basic needs since her severe brain injury has already drained the family’s resources.

Although the family believed that the battle is over, KFC is not yet giving a cent to the family up to present. In an interview, KFC said that in their belief, the evidence presented during the litigation did not cause the little girl’s illness.

KFC, although deeply sympathizing with Samaan, affirmed that the food chain have a responsibility to defend its name as well as its reputation as a provider of high standard and safe food. Therefore, KFC bared its plan to appeal the jury’s ruling.

In such cases wherein big names in the industry are being involved specifically when they are the responsible parties, companies usually try to deny the claims to protect their long earned reputation at the expense of the aggrieved party’s welfare.

The key to win such claim is to get the right help from personal injury lawyers who know exactly how to get the right compensation for their clients.

Series of Vehicle Accidents Mounts Dispute about Elderly Drivers’ Ability to Drive Safely

Los Angeles Lawyer — Fri, 27 Apr 2012 00:10:31 +0000

Elderly drivers’ ability to drive safely is currently disputed following a series of vehicle accidents that involved golden aged drivers.

Just within this month, two consecutive vehicle accidents involving elderly drivers were reported within the State of California. One involved an 82-year-old while the other involved a 94-year-old woman. Several people were seriously injured from the said accidents.

Since then, questions regarding the elderly driver’s ability to drive safely on the road have been raised. Authorities claim that golden aged drivers are becoming a source of danger not only to themselves, but to pedestrians as well.

Every time such accidents happen, they raise questions whether tighter driving restrictions should be implemented among elderly drivers, according to Insurance Institute for Highway Safety senior vice president, Anne McCartt.

In fact, the same issue is currently a hot topic on some other states in the U.S., particularly in Florida. The state of Florida is known to be the state with a huge population of retirees. One out of ten drivers in Florida has a driver’s license.

According to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), driving is a very complex task that requires more than 200 decision making for every 200 miles traveled.

Science proves that as a person reaches the age of 18, it is the time when that person starts to experience gradual decline, and his or her decision making skills start to deteriorate, making him or her slow to react to imminent road dangers. Also, his or her vision starts to deteriorate.

Aging also comes along with physical changes in the human body. This is what makes driving harder for elderly due to the difficulty in muscle movement and impulse reaction which are required when driving. Sometimes, elderly drivers are more possible to be under medication as well, which can also impair their driving ability.

In California, its Department of Motor Vehicles does not provide age limit for drivers who intend to renew their license.

During vehicle accidents, drivers aged 85 and above are more often being killed than younger drivers, according to a recent report from the American Automobile Association (AAA).

Although Los Angeles personal injury attorneys can help such elderly drivers avoid claims set during possible litigations, still they encourage them to take more safety measures due to their deteriorating driving skills caused by aging. Such simple precautions could help them avoid debilitating or fatal traffic mishaps.

LAPD: New Impound Policy Aims to Prevent Vehicle Accidents

Los Angeles Lawyer — Tue, 24 Apr 2012 00:01:34 +0000

The Los Angeles Police Department has adopted a new policy regarding unlicensed driver which aims to prevent vehicle accidents.

In its new impound policy, the LAPD now allows the unlicensed drivers to roam around the city, and once pulled, they still have a chance to avoid the 30 days impound.

Under the new impound policy, unlicensed drivers should submit to the following criteria in order to have their vehicles released immediately:

•   Valid identification (ID) card, such as employment or military ID and matricula consular card
•   Driver must not have been involved in previous accidents
•   Driver must not have any prior petty crime records
•   Vehicle must have proof of car insurance

Although the above-said criteria are provided for unlicensed drivers, still, they are required to pay $268.55 for towing charges upon submission of the required criteria. Such amount is more considerate than the usual penalty of $1,400 for 30 days.

The new impound policy is set to take effect after the current month ends despite oppositions and criticisms that it received from the police officer union, Los Angeles Protective Police League (LAPPL). The new policy was approved by the police commission last month upon receiving 4-1 vote.

According to the league, the policy only rewards illegal immigrants. The LAPD Chief of Police, Charlie Beck, on the other hand, attested that the current policy brings financial distress to many undocumented immigrants due to the prolonged impound period and huge monetary fines of $1,400.

Beck explained that undocumented immigrants cannot secure a driver’s license in the state of California. Moreover, they are usually paid at a minimum wage for their hard work.

The city has about 250,000 undocumented immigrants which are all unlicensed.

The police union also speculated that Beck is probably trying to get favorable attention from Los Angeles Mayor, Antonio Villaraigosa, as well as from the Latino community. However, Beck denied all the speculations and instead, affirmed that the new policy would aid in making the road a safer place for both motorists and pedestrians and prevent vehicle accidents.

The LAPD Chief of police definitely has a point in implementing the new impound policy. It might seem to favor undocumented immigrants, but careful analysis of the said policy would reveal that it merely intends to obligate those undocumented immigrants to be more careful in driving, since there is no chance for them to secure car insurance in California.

A spokesperson for the Insurance Information Network of California, Pete Moraga, said that the State of California has a very specific law. Moraga further said that having a driver’s license is very significant in obtaining insurance in the State, while having a license is very difficult since you have to make sure that you completely understand the driving laws.

With the help of experienced accident lawyers in Los Angeles, undocumented immigrants may understand the intricacies of California traffic laws. This knowledge would let them know about their rights, as well as their responsibilities, as drivers and would hopefully lead them to prevent untoward vehicular accidents.

Burger King Franchisee Agrees to Settle Workplace Harassment Lawsuit

Los Angeles Lawyer — Fri, 20 Apr 2012 00:03:54 +0000

A Burger King franchisee agreed to pay monetary relief and carry out preventive measures to settle the workplace harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

In the lawsuit, Kaizen Restaurant Inc., which manages dozens of Burger King Restaurants in Oregon and Washington, allegedly failed to accommodate the sexual harassment complaint filed by a teen employee.

According to the EEOC, for about a couple of years, a teenage crew member of the restaurant in its Sandy, Oregon store was continuously harassed by her supervisor who is older then her and was already married.

According to the teenage employee, she was 17 years old when she started working at the restaurant where her immediate Supervisor often bragged about her virginity, demanded that she had sex with him and the other male co-workers as well, and asked her indecent questions like how much she would charge for sex.

The supervisor even ordered the minor employee not to tell anybody, particularly the management, about his wrongdoing. Furthermore, the supervisor frequently followed her around the store and up to the parking lot during breaks just to monitor her moves.

Nevertheless, the minor employee still had the chance to inform the management about her supervisor’s misconduct, but the management simply ignored her complaint. Therefore, she felt the urge to quit her job for her own safety.

In her statement, the minor claimed that when she searched for employment, she just wanted to have a good job and she failed; but, at least she succeeded in getting the right compensation she deserves.

Again, the EEOC reminds everybody the provisions stated under the Title VII of Civil Rights Act of 1964 which illegalize workplace harassment.

The EEOC first conducted an investigation regarding the teenager’s complaint and then filed the lawsuit in due process before the office of the US District Court for Oregon after finding reasonable cause.

Kaizen agrees to settle the workplace harassment with the EEOC by entering into a consent decree duly approved by Hon. Judge Garr M. King. Under the consent decree, Kaizen is required to pay monetary relief in the amount of $150,000 and will adopt an extensive non-discrimination policy and complaint procedures. Kaizen is further required to conduct training for its staff and senior employees, as well as to submit an annual report to the EEOC recording any complaints of workplace harassment that may have been received in the said period.

Workplace harassment, particularly when it is sexually motivated, is a serious allegation particularly in this case wherein a minor employee was involved. The EEOC regional office in Oregon, through one of its lawyers, Atty. William Oregon, reminds companies across its jurisdiction that for every employee mistreated by their seniors or immediate supervisors and managers, companies are automatically held liable.

President Obama Vetoes Workplace Discrimination Ban on Gay Employees

Los Angeles Lawyer — Mon, 16 Apr 2012 20:41:46 +0000

The White House is reportedly overwhelmed with questions following President Obama’s alleged plan of vetoing workplace discrimination on lesbian, gay, bisexual, and transgender (LGBT) employees.

Allegedly, President Obama is not to use his executive power to prohibit workplace discrimination against LGBT. Accordingly, LGBT advocates set a meeting with senior administration officials Wednesday to discuss the possibility of President Obama signing an executive order that would ban workplace discrimination by any employer on the basis of gender orientation. According to one administration official, the administration supports a legislation that has been introduced a while ago and will pursue on pushing congress to support the same.

The said stance depart from the White House’s eminent campaign, “We can’t wait” since last fall, President Obama signed executive orders on different issues disputing that “we can’t wait” for legalization that the Congress’ Republicans refuse to approve.

By failing to react on the workplace discrimination ban, President Obama has recently triggered uproar in the gay community, members of which had been lucrative during campaigns and had been willing to ignore his failure to support same-sex marriage until present; considering his action on other matters such as the revocation of “don’t ask don’t tell” policy against exposed gay military members.

A president’s adviser who was involved in the meeting said that they were also extremely disappointed with the said decision. Nevertheless, he said they will still pursue aiming for a favorable executive order from the president.

Unfortunately, the ugly truth is that hard working LGBT can be discriminated at work or fired simply for gender orientation issues. If ever President Obama would not eventually use his executive authority, LGBT will more likely to face extremely biased treatment in the workplace.

However, in an e-mail, a presidential spokesperson said that President Obama is sincere in providing equal rights for LGBT. In fact, the president has been supporting a comprehensive Employment Non-Discrimination Act (ENDA) which illegalizes employment discrimination on the basis of gender identity.

A supporter of President Obama claimed that the current president has actually done more favors to LGBT than any other president in US history and more than the previous presidents combined. The current administration advocates affirmed that they believe that President Obama has left the door open for eventually revoking the course concerning the workplace discrimination ban on LGBT employees.